PARLIAMENTARY WRITTEN QUESTION
Biometrics: Privacy (15 April 2024)

To ask the Secretary of State for the Home Department, what steps his Department is taking to ensure that facial recognition systems are used in a way that maintains the right of the privacy for members of the public.

Asked by:
Navendu Mishra (Labour)

Facial recognition technology is used by the police as an identification tool to search an image of an unknown suspect against the images of people taken on arrest and get results in minutes, or to locate people in an intelligence-led way, by scanning live crowds and comparing them with the images of wanted people on a specific watchlist instantaneously, with very high levels of accuracy.

The Government supports police use of the technology, which has been helping them to catch criminals, including murderers and rapists, more quickly and accurately. But it is important that the police use it appropriately and there are safeguards in place to ensure this.

There is a comprehensive legal framework governing its use. This includes the Data Protection Act 2018, Human Rights Act 1998, Equality Act 2010, Police and Criminal Evidence Act 1984, national guidance, and published police policies. This means that it can only be used for a policing purpose, where necessary, proportionate and fair.

We have ensured that there is effective oversight in this space. The Information Commissioner’s Office, which is sponsored by the Department for Science, Innovation and Technology, is responsible for upholding data privacy rights. It has issued guidance on facial recognition and has enforcement powers. The Equality and Human Rights Commission, which is sponsored by the Cabinet Office, is responsible for upholding equality and human rights and is also active in this space. His Majesty's Inspectorate of Constabulary and Fire & Rescue Services is responsible for inspecting, monitoring and reporting on the efficiency and effectiveness of police forces. The courts system also provide oversight in this area.

We supported the College of Policing to publish an Authorised Professional Practice (APP) setting out how police forces should use live facial recognition and minimise interference with data privacy, equalities and human rights. The APP includes details on when the police can use it, the categories of people they can look for, the requirement for immediate deletion of unmatched biometric data, and the need to explain how issues such as privacy and equality are addressed.

We published a factsheet on police use of facial recognition and explained the different use cases, the safeguards, success stories and legal basis. https://homeofficemedia.blog.gov.uk/2023/10/29/police-use-of-facial-recognition-factsheet/

We also provided funding to the National Physical Laboratory to independently test the algorithms being used by South Wales Police and the Metropolitan Police Service. They found that the algorithms both forces have been using to be highly accurate and fair at the settings they use.

We are also undertaking more evaluation work to enhance our understanding of the impact of facial recognition and ensure we are able to continue to balance the benefits against the potential intrusion on privacy.

Answered by:
Chris Philp (Conservative)
18 April 2024